During the process of preparing the Form No. MGT-8 and Form No. MGT-7, for ABC Ltd. X, the PCS felt that there are some anomalies in information, which may need a reservation/qualification. How can X ensure the execution

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2023
During the process of preparing the Form No. MGT-8 and Form No. MGT-7, for ABC Ltd. X, the PCS felt that there are some anomalies in information, which may need a reservation/qualification. How can X ensure the execution of the assignment as per the norms ?

Answer & Explanation:

A PCS, while scrutinizing the client's information for certifying Form No. MGT-8, (Certification of Annual Return), observe all the relevant information/statements/documents and ensure that they are reflecting the true and fair status. If needed, the observations, limitations, reservations, qualification, adverse remarks, disclaimer, if any, shall be suitably incorporated in Form No. MGT-8. A PCS may certify the Form No. MGT-7 (Annual Return), subject to certain reservations/qualifications/observations/adverse remarks, by way of an annexure to his/her, certification. However this course of action can only be resorted to in case where material facts are not stated correctly and completely in the Annual Return or where the Company has not complied with the applicable provisions of the statutes. To ensure the execution of the assignment as per norms, X, shall adopt the above cited concepts, and check thoroughly the correctness of the information and documents provided by the company. Then, if needed beyond doubt, X can incorporate the reservations/qualifications, adverse remarks, disclaimers, if any in his report.

Topics: Secretarial Audit

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